New Berry, Inc v. Smith et al
Plaintiff: New Berry, Inc. d/b/a Berry Metal Company and New Berry Inc
Defendant: MacRae Technologies, Inc., Todd G. Smith and Allan J. MacRae
Case Number: 2:2019cv00159
Filed: May 2, 2019
Court: US District Court for the Northern District of Indiana
Presiding Judge: John E Martin
Referring Judge: Theresa L Springmann
Nature of Suit: Patent
Cause of Action: 15 U.S.C. § 44
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Opinion or Order Filing 17 Corporate Disclosure Statement by MacRae Technologies, Inc.. (Simler PHV, Benjamin)
July 3, 2019 Opinion or Order Filing 16 BRIEF in Support of #15 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction Over Defendants Allan J. MacRae and MacRae Technologies, Inc. MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against Defendants Allan J. MacRae and MacRae Technologies, Inc. filed by MacRae Technologies, Inc., Allan J. MacRae. (Simler PHV, Benjamin)
July 3, 2019 Opinion or Order Filing 15 MOTION to Dismiss for Improper Venue, MOTION to Dismiss for Lack of Jurisdiction Over Defendants Allan J. MacRae and MacRae Technologies, Inc., MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against Defendants Allan J. MacRae and MacRae Technologies, Inc. by Defendants Allan J. MacRae, MacRae Technologies, Inc.. (Attachments: #1 Affidavit Declaration of Allan J. MacRae in Support of Motion to Dismiss for Improper Venue, Lack of Personal Jurisdiction, and Failure to State a Claim)(Simler PHV, Benjamin)
July 3, 2019 Opinion or Order Filing 14 Application for Attorney Anthony H. Handal to Appear Pro Hac Vice on behalf of Todd G. Smith. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3942171(Pro Hac Vice Temporary login, )
July 3, 2019 Opinion or Order Filing 13 Consent MOTION for Extension of Time to File Answer re Terminate Deadlines/Hearings, #1 Complaint,, by Defendants Allan J. MacRae, MacRae Technologies, Inc.. (Simler PHV, Benjamin)
July 2, 2019 Opinion or Order Filing 12 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 7/2/2019. (Copy mailed to pro se party)(smb)
June 17, 2019 Opinion or Order Filing 11 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 6/17/2019. (smb)
June 5, 2019 Opinion or Order ***Per DE 10, Answer due 7/3/2019. (ksp)
June 4, 2019 Opinion or Order Filing 10 AGREED NOTICE to extend time to file answer filed by Allan J. MacRae, MacRae Technologies, Inc. ; answer due by July 3, 2019. (Simler PHV, Benjamin)
June 4, 2019 Opinion or Order Filing 9 AGREED NOTICE to extend time to file answer filed by Allan J. MacRae, MacRae Technologies, Inc. ; answer due by July 28, 2019. (Simler PHV, Benjamin)
June 4, 2019 Opinion or Order Filing 8 ORDER granting #7 Application to Appear Pro Hac Vice of Attorney Benjamin N Simler PHV for Allan J. MacRae and for MacRae Technologies, Inc.. Signed by Magistrate Judge John E Martin on 06/04/2019. (ace)
May 28, 2019 Opinion or Order Filing 7 Application for Attorney Benjamin Nichols Simler to Appear Pro Hac Vice on behalf of Allan J. MacRae; MacRae Technologies, Inc. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-3905575(Pro Hac Vice Temporary login, ) (Additional attachment(s) added on 6/3/2019: #1 CO Certificate, #2 CA Certificate) (ace).
May 23, 2019 Opinion or Order Filing 6 SUMMONS Returned Executed by New Berry Inc. Allan J. MacRae served on 5/15/2019, answer due 6/5/2019; MacRae Technologies, Inc. served on 5/15/2019, answer due 6/5/2019; Todd G. Smith served on 5/15/2019, answer due 6/5/2019. (Dorkin, Eric)
May 3, 2019 Opinion or Order Filing 5 SUPPLEMENT to #1 Complaint,, AO 120 filed by New Berry Inc. (Dorkin, Eric)
May 3, 2019 Opinion or Order Filing 4 Summons Issued as to Allan J. MacRae, MacRae Technologies, Inc., Todd G. Smith. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (rmc)
May 3, 2019 Opinion or Order Chief Judge Theresa L Springmann and Magistrate Judge John E Martin added. (NEW CASE) (rmc)
May 3, 2019 Opinion or Order Remark: Plaintiff's attorney needs to submit AO 120 Patent form. (rmc)
May 2, 2019 Opinion or Order Filing 3 Corporate Disclosure Statement by New Berry, Inc. d/b/a Berry Metal Company identifying Corporate Parent New Berry, Inc., d/b/a Berry Metal Company for New Berry, Inc. d/b/a Berry Metal Company.. (Dorkin, Eric)
May 2, 2019 Opinion or Order Filing 2 NOTICE of Appearance by Eric J Dorkin on behalf of New Berry, Inc. d/b/a Berry Metal Company (Dorkin, Eric)
May 2, 2019 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against Allan J. MacRae, MacRae Technologies, Inc., Todd G. Smith( Filing fee $ 400 receipt number 0755-3881323.), filed by New Berry, Inc. d/b/a Berry Metal Company. (Attachments: #1 Exhibit Ex. A United States Patent No. 10,222,124, #2 Exhibit Ex. B United States Patent No. 9,121,076, #3 Exhibit Berry Metal Company Employment Agreement, #4 Civil Cover Sheet Civil Cover Sheet, #5 Proposed Summons Summons to MacRae Technologies, Inc, #6 Proposed Summons Summons to Todd G. Smith, #7 Proposed Summons Summons to Allan J. MacRae)(Dorkin, Eric)

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Defendant: MacRae Technologies, Inc.
Represented By: Benjamin N Simler PHV
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Defendant: Todd G. Smith
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Defendant: Allan J. MacRae
Represented By: Benjamin N Simler PHV
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Plaintiff: New Berry, Inc. d/b/a Berry Metal Company
Represented By: Eric J Dorkin
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Plaintiff: New Berry Inc
Represented By: Eric J Dorkin
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